United States District Court, D. Nevada
McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP, Dylan
P. Todd, Attorneys for Carrie M. Hanlon, Esq. and Morris,
Sullivan, Lemkul & Pitegoff
CANNON, GORMLEY, ANGULO & STOBERSKI, Peter M. Angulo,
Esq., Attorneys for Western National Insurance Group
STIPULATION AND ORDER TO EXTEND ALL DISCOVERY
DEADLINES (FOURTH REQUEST)
CARRIE M. HANLON, ESQ. and MORRIS, SULLIVAN, LEMKUL &
PITEGOFF, by and through their attorneys of record of the law
firm McCORMICK, BARSTOW, SHEPPARD, WAYTE & CARRUTH LLP,
and Plaintiff WESTERN NATIONAL INSURANCE GROUP, by and
through attorneys of record of the law firm OLSON, CANNON,
GORMLEY, ANGULO, & STOBERSKI, hereby file this
Stipulation and Order to Extend All Discovery Deadlines
(Fourth Request) for 60 days.
DISCOVERY COMPLETED BY THE PARTIES
parties served their FRCP 26(A) Initial Disclosures. The
initial disclosures contained numerous documents with
voluminous page counts. Due to the amount of relevant
documents generated by the underlying case, Plaintiff's
initial production alone totaled approximately 2, 967 pages.
Since that time, significant additional documentation has
been provided by Plaintiffs, as well as Defendants.
has propounded Interrogatories, Requests for Production of
Documents, and Requests for Admissions on all Defendants.
Responses were originally due on September 8, 2017. Due to
the volume of the requests (there were nearly 75 Requests for
Admission propounded on each Defendant) and an ongoing issue
as to the amount of privileged material, more time was needed
to adequately respond. Responses to this discovery were
provided on October 10, 2017.
propounded written discovery in the form of Interrogatories,
Requests for Production and Requests for Admission to
Plaintiffs on October 11, 2017. This written discovery was
propounded following receipt and review of the extensive
initial document disclosures by Plaintiff. Plaintiff's
counsel's previously-discussed medical procedures and
family commitments required him to be unavailable and out of
the office for all of November, 2017. Defendants granted
additional time to respond to the written discovery, and
received the written responses on December 8, 2017. Plaintiff
also served its First Supplemental FRCP 26 Disclosure on
December 5, 2017.
served subpoenas and custodian of records deposition notices
for the law firms of Phillips, Spallas & Angstadt (PSA)
and the Law Offices of Cory Hilton. PSA law firm did not
respond to the subpoena, and a notice of non-appearance of
the custodian of records was taken on September 13, 2017.
Defendants did receive documents per the subpoena later that
day. There are still some lingering issues regarding certain
objections to the subpoena. It is possible that this matter
may need to come before the Court in a motion to compel,
however in the interest of economy, Defendants have agreed to
hold off on this particular matter until documents from Cory
Hilton have been produced.
have granted Cory Hilton several extensions to provide his
firm's correspondence file relating to the Herbster
v. Classic Landscapes litigation in the Eighth Judicial
District Court. In our previous stipulation (Dkt. # 34), we
explained the issues and difficulties surrounding the
production of these documents. After significant deliberation
and meet and confer efforts, Morris Sullivan was able to
finally obtain the requested documentation. The production
included a total of 23, 320 pages of documents that were
produced in Defendants Second Supplemental Rule 26 Production
on March 27, 2018. There are no further issues regarding Mr.
depositions of Plaintiff's witnesses Lorraine Walsh and
Maggie Kirschner took place on March 15th and
16th, respectively. The deposition of
Plaintiff's witness/representative John Buckley was also
scheduled to take place on March 16th, however due
to the duration of Ms. Kirschner's deposition, Mr.
Buckley was unable to proceed on the date scheduled. The
parties agreed to move the deposition to a time more
agreeable to everyone's schedule.
DISCOVERY WHICH REMAINS TO BE COMPLETED
following depositions of the parties remain:
1) Plaintiff- John Buckley
2) Defendants- Carrie ...